Question on H1B - change of status and employer


uma1984

Recommended Posts

Hi,

I works for a MNC based at Hyderabad in India. My employer has filled for H1B petition in the 2012 quota. I have appeared for visa interview in the month of October 2012 and got visa for 3 years with expiry in 2015.

Due to unforeseen results ,my current employer is refusing me to transfer to USA (Head quarters) and stating me to work from India only.

I have been with my employer from 8 years and now I got upset with this sudden move.

Mean while I came across a new Employer based at Banglore in India, who is potential looking for H1B valid visa Holders and had done couple of interviews and rolled out an offer to work at USA location for 2 + Years .

In this context I have few doubts,hoping some one address them.

  • Do I need to appear for visa interview at any of the consulates in India with new petition?
  • Can I travel with my existing Visa to USA along with offer letter rolled out by new employer and file a new petition after landing there.
  • Just in case if I need to appear for new visa(for new Employer), what are the chances of getting denied by visa officer.

Can someone specify what points do I need to consider before accepting the offer.

Thanks.

Link to comment

  • Do I need to appear for visa interview at any of the consulates in India with new petition?

=> No need of new H1b visa, if you have unexpired H1b visa stamped on your PP.

  • Can I travel with my existing Visa to USA along with offer letter rolled out by new employer and file a new petition after landing there.

=> Yes

  • Just in case if I need to appear for new visa(for new Employer), what are the chances of getting denied by visa officer.

Link to comment

It is likely that your current employer has no openings in the US at this time. There are not as many jobs in the US as you may believe. Be sure to check out the other employer; there are many "bad" employers who take advantage of their employees.

You do not need a new visa just a new approval notice to apply for entry. You may NOT enter with the original approval and an offer letter. If the new employer suggested this, run the other way as he is asking you to violate US law. You must use documents for the employer with whom you intend to work.

However, admission to the US even with a valid visa is not guaranteed.

Link to comment

Archived

This topic is now archived and is closed to further replies.